State law allows a "sudden passion" defense if the death was caused out of fear for ones life. Texas removed the involuntary manslaughter statute from its books, instead replacing it as a stipulation for a murder sentence.

If the "sudden passion" defense is proven, the first-degree charge is downgraded to a second-degree, changing the maximum penalty from 99 years to 20 years in prison."Apparently, the jury made a compromise," Jefferson County District Attorney Bob Wortham said. "We don't think the elements (of proof) were made."

A probable cause affidavit for Marks' arrest showed that officers patrolling an apartment complex in the 3200 block of Elmira Street in Beaumont heard someone screaming "he's been stabbed."

The officers stopped and saw two men and a woman standing in the stairwell of the apartment complex.

One of the men told officers he stabbed Tarver out of self-defense because Tarver had threatened him earlier in the day with a handgun, the document states.

Tarver was face down in a pool of blood and was barely breathing, according to police. He was taken to Christus St. Elizabeth Hospital, where he later died.

Marks and Tarver were friends who had been drinking for much of the night, according to defense attorney Bruce Smith. Marks said he became fearful after Tarver put a gun to his chest, then barged into his apartment roughly an hour later trying to pick a fight.

Marks stabbed Tarver with a kitchen knife, slicing his aorta and puncturing his lung.

"So the jury did not agree that it was self-defense. but they found that it was a passion killing," Smith said.